Will GoI Honour Deal With Portugal: SC On Abu Salem Case

New Delhi, March 8: The Supreme Court on Tuesday told the Centre to take a clear stand on 1993 blasts-accused Abu Salem’s punishment and decide whether the GoI will stand by its 2002 extradition treaty with Portugal.

Not agreeing with an affidavit filed by the CBI on Sunday, in connection with the extradited gangster, the apex court asked the Union Home Secretary to file an affidavit clarifying its stand whether the Centre will abide with the solemn assurance it gave to Portugal during the mafia don’s extradition.

A two-judge bench headed by Justice Sanjay Kishan Kaul and comprising Justice MM Sundresh asked the Union Home Secretary to file the affidavit clarifying its stand on the entire issue. The court was hearing a plea filed by the gangster, who is serving a life imprisonment for his role in the 1993 Mumbai serial blasts case. Salem has contended that his imprisonment cannot extend beyond 25 years as per the terms of the extradition treaty between India and Portugal.

CBI has told Supreme Court that Indian court is not bound by the assurance given in 2002 by the then deputy prime minister and home minister LK Advani to the courts in Portugal that gangster Abu Salem would neither be given death sentence nor imprisoned beyond 25 years.

The top court questioned the Centre: “Has the government been saying we will not stand by international commitments? The CBI is a prosecuting agency. You are trying to avoid taking a stand. “You have to certainly take a stand on behalf of the Government of India whether you will stand by international commitments made by the former Deputy Prime Minister.” In 2002, the then Deputy Prime Minister and Home Minister LK Advani assured a Portuguese court that Salem would not be sentenced to death or imprisoned beyond 25 years after his extradition to India.

“The home secretary has to file an affidavit,” the court said as it fixed the matter for next hearing on April 10. Salem’s advocate told the court” according to the treaty the maximum punishment in Portugal is 25 years. Now the Indian Government is saying they will impose life imprisonment. It is wrong”.

The Supreme Court said: “The issue is of international ramifications. The government through Home Secretary has to file a reasonable affidavit”. The Bench also asked the Additional Solicitor General (ASG) to file the affidavit within 21 days. In its 18-page affidavit submitted on Sunday, the Central Bureau of Investigation (CBI), the probe agency in the case, said that the question of releasing Salem should come up only after the extradited convict has spent 25 years behind bars while choosing not to spell out clearly if Salem would be entitled to release after 25 years in the wake of the then deputy PM’s assurance.

Salem was extradited to India in November 2005. “The solemn sovereign assurance would be applicable in the matter of execution of sentence and not in the matter of awarding or application of appropriate sentence according to the law, that the argument of the appellant that imprisonment term cannot extend beyond 25 years as per the assurance given is legally unsustainable,” the CBI affidavit stated.

The affidavit also said, “The solemn sovereign assurance given by the then deputy Prime Minister of India cannot be construed as a Guarantee/undertaking to assure that no court in India would award the punishment provided by Indian laws in force to accused Abu Salem…the life sentence awarded by the trial court is legally correct and needs no interference.”